Intellectual Property Rights in a Fair World Trade System

Proposals for Reform of TRIPS

Inbunden, Engelska, 2011

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Beskrivning

This important new book constitutes a serious examination of both the positive potential, as well as the deficiencies, of the TRIPS agreement. In the light of their analysis, the editors and their colleagues make a powerful case for wide ranging reforms.Intellectual Property (IP) law – particularly in relation to international trade regimes – is increasingly finding itself challenged by rapid developments in the technological and global economic landscapes. In its attempt to maintain a responsive legislative system that is interacting successfully with global trade rules, IP is having to respond to an increasing number of actors on an international level. This book examines the problems associated with this undertaking as well as suggesting possible revisions to the TRIPS agreement that would make it more relevant to the environment in which today’s IP mechanisms are operating. The overall aim is to find an adequate response to the ‘IP balance dilemma’. The theme is pursued throughout various topics, including a look at what this means in relation to the economy in a country like China, and also considering how IP is increasingly having to reconcile itself with human rights issues.This book will appeal to academics, policy makers and post-graduate students in IP and international trade law, as well as related fields, such as development and human rights.

Produktinformation

Utgivningsdatum:2011-02-28
Format:Inbunden
Språk:Engelska
Förlag:Edward Elgar Publishing Ltd
ISBN:9781849800099

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Folkrätt inom Juridik
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Mer om författaren

Edited by Annette Kur, Professor, Max Planck Institute for Innovation and Competition (retired), Munich, Germany

Recensioner i media

‘This book is essential reading for anyone interested in intellectual property, global trade, international law, human rights, development, and competition. While many have lamented the impact of the TRIPS Agreement on the creative environment and social welfare, the heart of the volume is a deeply thoughtful, well-considered proposal for modifying the Agreement. The lead-up is equally compelling: essays by renowned experts describing the substantive, procedural, and institutional problems encountered post-TRIPS and an examination of socially responsible ways to promote innovation.’

Innehållsförteckning

Contents:Preface PART I: BACKGROUND1. The Pendulum Keeps Swinging – Present Discussions on and Around the TRIPS AgreementMarianne Levin 2. Spotlight on China: Piracy, Enforcement, and the Balance Dilemma in Intellectual Property LawAndrea Wechsler 3. The WTO Dispute Settlement System and the Evolution of International IP Law: An Institutional PerspectiveAntonina Bakardjieva Engelbrekt 4. Assessing the Need for a General Public Interest Exception in the TRIPS AgreementHenning Grosse Ruse-Khan5. Limitations and Exceptions Under the Three-Step-Test – How Much Room to Walk the Middle Ground?Annette Kur 6. TRIPS and Human RightsFrantzeska Papadopoulou 7. Fire and Water Make Steam – Redefining the Role of Competition Law in TRIPSJens Schovsbo 8. Enough is Enough – The Notion of Binding Ceilings in International Intellectual Property ProtectionAnnette Kur and Henning Grosse Ruse-Khan 9. Expropriation or Fair Game for All? The Gradual Dismantling of the IP Exclusivity ParadigmAnnette Kur and Jens Schovsbo PART II: PROPOSED AMENDMENTS TO TRIPSProposed Amended Text (Synopsis)Explanatory MemorandumIndex